(a) Resolution — San Jose City Council, August 29, 2023

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RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SAN JOSE ADOPTING THE ADDENDUM TO THE MITZI

PLACE APARTMENTS PROJECT INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION, AND

ADOPTING A RELATED MITIGATION MONITORING AND

REPORTING PROGRAM, ALL IN ACCORDANCE WITH

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS

AMENDED

WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José, in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”), prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Mitzi Place Apartments Project under Planning File No. SP18-033 (the “Initial Study/Mitigated Negative Declaration”), which analyzed the environmental impacts of the removal of 34 trees, the relocation and conversion of a historic residence into a multi-family building with six units, and the construction of an approximately 28,629-square-foot four-story residential building with 40 units above a subterranean garage and an alternative parking arrangement (puzzle parking lift), on an approximately 0.63-gross acre site located at 4146 Mitzi Drive (Accessor’s Parcel Number 299-16-001) in San José, California; and WHEREAS, the Director of Planning, Building and Code Enforcement of the City of San José adopted said Mitzi Place Apartments Initial Study/Mitigated Negative Declaration at a public hearing on October 7, 2020, which certification was not appealed; and
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared and approved an Addendum to the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration under NVF:DHZ:DJF
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Item No.: 10.2(a)
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Planning File Nos. PDC22-088, PD22-020, T22-030, and ER22-195 (the “Addendum”), all in accordance with CEQA; and
WHEREAS, the Mitzi Place Condominiums Project (the “Project”) analyzed under the Addendum consists of a Planned Development Rezoning, Planned Development Permit, and Tentative Map to allow the removal of 33 trees (13 ordinance-size, 20 non-ordinance-size, 7 replacement trees) and construction of up to 14 multifamily residential units including the reconstruction and conversion of an existing single-family house into a duplex and the construction of 12 townhouses configured in four three-story buildings on an approximately 0.63-gross acre site located on the northeast corner Mitzi Drive and Ranchero Way at 4146 Mitzi Drive, (Accessor’s Parcel Number 299-16-001) in San José, California; and
WHEREAS, as further described in the Addendum, the implementation of the Project would not result in new significant effects on the environment beyond those already identified in the previously adopted Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration, nor will the Project result in an increase in the severity of significant effects identified in the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration, and identified mitigation measures, as amended, would continue to reduce each of those significant effects to a less-than significant level; and WHEREAS, the related mitigation measures are described in the Addendum; and WHEREAS, a related Mitigation Monitoring and Reporting Program (“Mitigation Monitoring and Reporting Program”) was prepared that incorporates the mitigation measures from the previously adopted Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration; and
WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and NVF:DHZ:DJF
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WHEREAS, the City Council has reviewed and considered the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration and the Addendum, including the related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration and the Addendum thereto and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and is available for inspection by any interested person at that location and electronically on the Department of Planning, Building and Code Enforcement webpage, and is, by this reference, incorporated into this Resolution as if fully set forth herein;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:

THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals by reference into the body of this Resolution.

THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration, as modified by the Addendum, as well as other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Addendum modifying the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Addendum modifying the Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration represents the NVF:DHZ:DJF
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independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement, at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.

THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Addendum and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PDC22-088, PD22-020, T22-030, and ER22-195). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Mitzi Place Apartments Project Initial Study/Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and electronically on the City of San José’s Department of Planning, Building and Code Enforcement website, and (2) available for inspection by any interested person.
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ADOPTED this ____ day of _________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Matt Mahan
Mayor
ATTEST:

TONI J. TABER, CMC
City Clerk

Page | 1 File No. PDC22-088, PD22-020, T22-030, ER22-195

MITIGATION MONITORING AND REPORTING PROGRAM
4146 MITZI DRIVE

MITZI PLACE CONDOMINIMUMS
FILE NO. PDC22-088, PD22-020, T22-030, ER22-195
AUGUST 2023

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 2 File No. PDC22-088, PD22-020, T22-030, ER22-195

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a L ead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.

The Addendum to the previously adopted Initial Study/Mitigated Negative Declaration prepared for Mitzi Place Apartments Project (File No. PDC22- 088, PD22-020, T22-030, ER22-195) concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program identifies those measures and how and when they will be implemented.

This document does not discuss those subjects for which the Addendum to the Initial Study/Mitigated Negative Declaration concluded that the impacts from implementation of the project would be less than significant.

I, _____________________, the applicant, on the behalf of ______________________, hereby agree to fully implement the Mitigatio n Measures described below which have been developed in conjunction with the preparation of the Addendum to the In itial Study/Mitigated Negative Declaration for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level, where feasible.

Project Applicant’s Signature _____________________________________________ Date___________________________________________________________

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 3 File No. PDC22-088, PD22-020, T22-030, ER22-195 Project: Mitzi Place Apartments
File No. PDC22-088, PD22-020,
T22-030, ER22-195

MITIGATIONS

AIR QUALITY
Impact AQ-1: Project construction would result in an infant cancer risk of 133.3 in one million and a PM2.5 concentration of 0.82 μg/m3 at the maximally exposed individual (MEI), which exceed BAAQMD’s cancer risk significance threshold of 10 in one million and single-source threshold for PM2.5 of 0.30 μg/m3.

MM AQ-1.1: The project applicant shall prepare a
construction operations plan that demonstrates that the off-road equipment used on-site to construct the project would achieve a fleet-wide average 95-percent
reduction in diesel particulate matter (DPM) exhaust
emissions or more. Specifically, this plan shall include, but is not limited to, the measures identified below:
x All diesel-powered off-road equipment larger
than 25 horsepower operating on the site for more
than two days continuously shall, at a minimum,
meet U.S. EPA particulate matter emissions
standards for Tier 4 engines with CARB-certified
Level 3 Diesel Particulate Filters, or equivalent.
x Provide electric power to avoid use of diesel-
powered generator sets and other portable
equipment.

Off-road equipment descriptions and information shall
include, but are not limited to, equipment type,
equipment manufacturer, equipment identification
number, engine model year, engine certification (Tier
rating), horsepower, and engine serial number. Prior to the issuance of the any demolition, grading, or building permit (whichever comes first), the project applicant
shall submit the construction operations plan and
records of compliance to the Director of the
Submit construction
operations plan that
demonstrates that the off-
road equipment used on-site
to construct the project
would achieve a fleet-wide
average 95-percent reduction
in diesel particulate matter
exhaust, and include in all
plans and contracts.

Prior to the issuance
of any demolition,
grading, or building
permits, whichever
occur the earliest.

Director of Planning,
Building, and Code
Enforcement or the
Director’s designee.

Review and
approve the
construction
operations plan and
requirements to
reduce construction
equipment DPM.

Prior to issuance
of building
permit;
implement
requirements
during
construction.

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 4 File No. PDC22-088, PD22-020, T22-030, ER22-195 Project: Mitzi Place Apartments
File No. PDC22-088, PD22-020,
T22-030, ER22-195

MITIGATIONS

BIOLOGICAL RESOURCES
Impact BIO-1: Construction activities associated with the project could result in the loss of fertile eggs of nesting raptors or other migratory birds, or nest abandonment.

MM BIO-1: The project applicant shall schedule all
construction activities to avoid the nesting season
(February 1
st to August 31st inclusive). The nesting
season for most birds, including most raptors in the
San Francisco Bay area, extends from February 1st
through August 31st (inclusive). Construction activities include any site disturbance such as, but not limited to, tree trimming or removal, demolition, grading, and
trenching.

If it is not possible to schedule above-mentioned
construction activities between September 1
st and
January 31st (inclusive), pre-construction surveys for
nesting birds shall be completed by a qualified
ornithologist or biologist to ensure that no active nests shall be disturbed during construction activities. This survey shall be completed no more than 14 days prior
to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days prior to the initiation of these activities during the latter part of the breeding season (May 1
st through August 31st
inclusive). During this survey, the
ornithologist/biologist shall inspect all trees and other possible nesting habitats on-site and within 250 feet of the site for nests.

Schedule construction
activities outside of nesting
season (between September
1st through January 31st). If
it is not possible to schedule
construction between
September 1st and January
31st, a qualified
ornithologist shall conduct
preconstruction surveys and
establish construction-free
buffer zones.

The ornithologist/biologist
shall submit a report
indicating the results of the
survey and any designated
buffer zones to the Director
of Environmental Planner of
Planning, Building, and
Code Enforcement or the
Director’s designee.

Prior to any site
disturbance such as
tree removal, or
approval of grading,
building or
demolition permits
(whichever occurs
first).

Director of
Environmental Planner
of Planning, Building,
and Code Enforcement
or the Director’s
designee.

Review report of
the results of the
survey and any
designated buffer
zones.

Prior to any tree
removal, or
approval of any
grading,
building or
demolition
permits
(whichever
occurs first).

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 5 File No. PDC22-088, PD22-020, T22-030, ER22-195 Project: Mitzi Place Apartments
File No. PDC22-088, PD22-020,
T22-030, ER22-195

MITIGATIONS

Prior to any site disturbance, such as tree removal, or the issuance of any grading, building or demolition
permits (whichever occurs first), the
ornithologist/biologist shall submit a report indicating the results of the survey and any designated buffer
zones to the satisfaction of the Director of the
Department of Planning, Building and Code
Enforcement or the Director’s desi
gnee.

HAZARDS & HAZARDOUS MATERIALS
Impact HAZ-1: Due to the site’s agricultural history, agricultural chemicals may be present in onsite soils, which could be disturbed during project development. Release of these hazardous materials could result in exposure during construction or occupancy.

MM HAZ-1.1 Prior to issuance of any grading
permits, the project applicant shall retain a qualified consultant to take shallow soil samples in the near
surface soil to test for organochlorine pesticides and
pesticide-based metals (arsenic and lead) to determine
if contaminants from previous agricultural operations
occur at concentrations above established construction
worker safety and residential standard environmental
screening levels. The results of the soil sampling
testin
g shall be submitted to the of the City of San José
Applicant shall retain
qualified consultant to take
shallow soil samples to test
for pesticide and metals.

If contaminated soils are
found, submit evidence of
consultation with SCCDEH
and work plan.

Prior to issuance of
grading permit.

City of San José
Department of
Planning, Building,
and Code Enforcement
and the Municipal
Compliance Offer of
the City of San José
Environmental
Services Department,
and the Santa Clara
Review soil
sampling testing,
site management
plan, removal
action plan, and
evidence.

Prior to the
issuance of
grading permit.

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 6 File No. PDC22-088, PD22-020, T22-030, ER22-195 Project: Mitzi Place Apartments
File No. PDC22-088, PD22-020,
T22-030, ER22-195

MITIGATIONS

If contaminated soils are found in concentrations above the appropriate regulatory environmental screening
levels for the project, the project applicant shall obtain regulatory oversight from the SCCDEH or Department
of Toxic Substances Control under their Voluntary
Cleanup Program. A Site Management Plan (SMP),
Removal Action Plan (RAP), or equivalent document
shall be prepared by a qualified consultant that
identifies remedial measures and/or soil management
practices to ensure construction worker safety and the
health of future occupants. The plan and evidence of
regulatory oversight shall be provided to the Director
of Planning, Building, and Code Enforcement or
Director’s designee and the Environmental Compliance
Officer in the City of San José Environmental Services
Department.

County Department of
Environmental Health.

NOISE
Impact NSE-1: Noise from rooftop mechanical equipment could impact noise-sensitive land uses in the immediate project vicinity.

MM NSE-1: The project applicant shall prepare and
implement a construction vibration monitoring plan to
document vibration generating construction activities
and submit to the Director of Planning, Building and
Code Enforcement or the Director’s designee for
review. The vibration plan shall address vibration
impacts to sensitive historic structures of 0.08 in/sec Project proponent shall
submit and implement a
construction noise logistics
plan that specifies hours of
construction, noise and
vibration minimization
measures, postin
g and
Prior to the issuance
of any grading or
demolition permits.

Director of Planning,
Building, and Code
Enforcement or the
Director’s designee.

Review and
approval.

Prior to the
issuance of any
grading or
demolition
permits.

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 7 File No. PDC22-088, PD22-020, T22-030, ER22-195 Project: Mitzi Place Apartments
File No. PDC22-088, PD22-020,
T22-030, ER22-195

MITIGATIONS

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility
Actions/Reports Monitoring
Timing or
Schedule
PPV. All tasks shall be undertaken under the direction
of a licensed Professional Structural Engineer in the
State of California and be in accordance with industry
accepted standard methods. The construction vibration
monitoring plan shall include, but is not limited to, the following measures during construction:
x Place operating equipment on the construction
site as far as possible from vibration-sensitive
receptors. The project contractor shall avoid using
vibratory rollers, packers, and other heavy
vibration-generating equipment within 30 feet of
sensitive areas surrounding the site, whenever
possible.
x Use smaller equipment to minimize vibration
levels below the limits.
x Modify/design or identify alternative construction
methods to reduce vibration levels below the
limits.
x Avoid dropping heavy objects or materials near
property lines shared with sensitive receptors.
x The contractor shall alert heavy equipment
operators of the sensitive adjacent structures (i.e.,
structures within 30 feet of the construction
activities) so they can exercise caution.
x Designate a person responsible for registering and
investigating claims of excessive vibration. The
contact information of such person shall be
clearl
y posted on the construction site.
notification of construction
schedules, equipment to be
used and placement, and
designation of a noise
disturbance coordinator

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 8 File No. PDC22-088, PD22-020, T22-030, ER22-195 Project: Mitzi Place Apartments
File No. PDC22-088, PD22-020,
T22-030, ER22-195

MITIGATIONS

Source: Addendum to the Initial Study/Mitigated Negative for Mitzi Place Apartments, City of San José, August 2023.

EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilAugust 29, 2023

San Jose City Council
August 29, 2023